DHCR Properly Calculated Vacancy Increase

Tenant complained of a rent overcharge. The DRA ruled for tenant and reduced her rent. Among other things, the DRA found that landlord improperly calculated tenant's vacancy rent. Landlord appealed. The DHCR ruled against landlord. Since prior tenant moved out 14 months after signing a two-year lease, the DRA adjusted prior tenant's actual rent (under a two-year lease) to what prior tenant would have paid under a one-year lease. The DRA correctly used the lower, adjusted rent for prior tenant as the base rent for calculating tenant's vacancy rent increase.

Mountainside Apts.: DHCR Admin. Rev. Dckt. No. JB810238RO (8/28/96) [3-page document]